City of Escondido Zoning Administrator

Transcription

1 City of Escondido Zoning Administrator A. Call to Order: MEETING AGENDA AND RECORD OF ACTIONS 201 North Broadway City Hall Parkview Conference Room Zoning Administrator: B. Agenda items: 1. : 3:00 p.m. A Conditional Use Permit to install, operate and maintain a Personal Communications Services Facility (PCS) for T-Mobile consisting of nine (9) panel antennas, and six (6) radio units mounted onto a proposed sixty-foot (60) tall pole designed to resemble a eucalyptus tree. The proposed facility also includes a ten-foot (10) long x fifteen-foot (15) wide x eightfoot (8) high, masonry block equipment enclosure adjacent to the wireless facility and painted/textured to match the existing walls. Location: Applicant: Planner: 325 W. Felicita Avenue Plancom, Inc. for Phoenix Tower International (T-Mobile) Darren Parker DECISION OF THE ZONING ADMINISTRATOR: Approved, as set to form Conditionally approved with the attached modifications Denied Continued to: Date Certain ( ) Date Unknown Referred to Planning Commission 2. PHG ; PHG ; PHG ; PHG ; PHG ; PHG ; PHG ; PHG and PHG : A Minor Conditional Use Permit to install and operate nine (9) AT&T small cell wireless communication facilities in the public right-of-way, consisting of replacing an existing light pole with a new approximately 30.5 feet tall street light and mounting one canister type antenna (24-inches tall x 10-inches in diameter) on top of the light pole, and 13.4-inch wide x 16.5-inch long radio units mounted vertically onto the side of the street light. Trenching and/or boring is required to extend power and telco underground to the new facilities.

2 Additional associated equipment is proposed to be placed in a small new underground concrete vaults (hand hole). The existing light fixtures would be upgraded to LED. Location: Applicant: Planner: Nine (9) locations generally located along Avocado Avenue, North Broadway, West El Norte and East Mission Avenue all within the public right of-way Tim Groves, Black & Veatch (for AT&T) Darren Parker DECISION OF THE ZONING ADMINISTRATOR: Approved, as set to form Conditionally approved with the attached modifications Denied Continued to: Date Certain ( ) Date Unknown Referred to Planning Commission C. Adjournment: I certify that these actions were taken at the Zoning Administrator meeting on. Zoning Administrator Witness Decisions of the Zoning Administrator may be appealed to the Planning Commission pursuant to Zoning Code Section Rev. 03/06/18

3 Agenda Item No.: B.1 Date: ZONING ADMINISTRATOR CASE NUMBER: APPLICANT: PROJECT LOCATION: REQUEST: Plancom Inc., For Phoenix Tower Intl. (for T-Mobile) The two-plus (2+) acre site is located on the west side of South Escondido Blvd, south of Felicita Avenue and within an existing commercial shopping center, addressed as 325 W. Felicita Avenue. A Conditional Use Permit to install, operate, and maintain a Personal Communications Services Facility (PCS) for T-Mobile consisting of nine (9) panel antennas, and six (6) radio units mounted onto a proposed sixty-foot (60) tall pole designed to resemble a eucalyptus tree. The proposed facility also includes a 10 ft. x 15 ft., 8-high masonry block equipment enclosure adjacent to the wireless facility and painted/textured to match the existing walls. STAFF RECOMMENDATION: Approve, subject to conditions GENERAL PLAN DESIGNATION: SPA (Specific Plan Area 15) ZONING: SP (Specific Plan South Centre City Specific Plan, Felicita Commercial District) BACKGROUND/PROJECT DESCRIPTION: T-Mobile Wireless Services desires to lease approximately 982 SF from an existing commercial retail center (California Property Owner, LLC), to construct a wireless telecommunication facility. The leasable area will be located in the southeastern portion of the retail center, within a grouping of eucalyptus and other mature trees. The proposed facility will consist of nine (9) panel antennas (approximately 8-feet high x 15-inches - wide) mounted onto a triangular array towards the top of a 60-foot-high metal pole. The pole would be located towards the rear of the commercial center and approximately fifty (50) feet from the closest residence to the south. The proposed wireless facility would be setback approximately 175-feet from Escondido Boulevard, located to the east of the subject site. The facility would utilize a stealth design that would minimize direct views of the facility by disguising it as a eucalyptus tree. The nine panel antennas would be painted to match the color of the simulated tree and faux leaves attaches to the antennas to help blend them into the overall design. Equipment for the facility would be placed within a 10 ft. x 15 ft., 8.0 high block equipment enclosure designed and painted/textured to match the existing wall on site. On December 13, 2018, the Staff Design Review Board reviewed the proposal and recommend approval of the project with conditions the antenna structure be maintained to resemble a living eucalyptus tree, the maximum number of branches to be installed, the antennas to be equipped with socks and additional landscaping to be installed. The Board also wanted the proposed block wall to be painted and textured to match the existing wall.

4 A Conditional Use Permit is required to construct the telecommunication facility, in accordance with Article 16, Commercial Zone, - Section , because the facility is using a pole-mounted facility that exceeds 35-feet in height (proposed pole design is 60-feet high). The proposed wireless antenna structure will facilitate and provide communication services in the southern area of the city. Appropriate conditions of approval have been incorporated into the project to further minimize potential visual impacts to nearby residential development to the south. The Zoning Administrator is the authorized decision-maker for reviewing and granting discretionary approvals related to Conditional Use Permits. REASON FOR STAFF RECOMMENDATION: 1. The proposed wireless facility would be located within the South Centre City Specific Plan, Felicita Commercial District, which permits wireless communication facilities subject to approval of a Conditional Use Permit. The proposed facility would facilitate communication services in the southern portion of the city. Although the antenna structure would be 60-feet-high, views of the antennas will be partially screened from the view of nearby residences through the use of the eucalyptus tree design, by adjacent existing commercial buildings; new landscaping; and by the existing strand of eucalyptus and mature trees in the area. The proposed equipment cabinets will be surrounded by an 8-foot high block wall similar to the existing wall on the property, and will be painted/textured to match the surrounding vegetation or wall. 2. Staff believes that the facility would not be hazardous to the health of nearby residents based on the results of an RF study (Radio Frequency), prepared by Environmental Assessment Specialist Inc. The study indicates the facility would be within the maximum permissible exposure (MPE) limits and Federal Communication Commission (FCC) standards. Respectfully submitted, Darren Parker Darren Parker Associate Planner 2

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19 FINDINGS OF FACT EXHIBIT A Environmental Determination: 1. The proposed project is categorically exempt from environmental review in conformance with CEQA Section 15303, New Construction of Small Structures. Conditional Use Permit: 1. All decisions granting or denying Conditional Use Permits shall be made in accordance with Section of the Escondido Zoning Code (Findings for Conditional Use Permits). The new construction of a wireless communication facility has been reviewed and the Zoning Administrator concludes and finds, based on the analysis of the project described therein the Zoning Administrator Staff Report, that: a. Granting the proposed Conditional Use Permit to allow the construction of a wireless communication facility would be based upon sound principles of land use and in response to the services required by the community because the placement of the wireless antenna structure will facilitate communication services in the southern area of the city. In addition, the facility is relatively small and will not result in a substantial alteration of the present land use of the property. Conditions of Approval have been incorporated to minimize any potential land-use compatibility. b. Granting the proposed Conditional Use Permit will not cause deterioration of bordering land uses or create special problems for the area in which it is located because the facility will be located within an existing stand of eucalyptus trees, and other mature trees and the facility will be appropriately integrated into the site and the antennas and associated equipment screened by the proposed eucalyptus tree design. Additionally, RF emission generated from the site will be below the FCC accepted safety standards. c. The proposed Conditional Use Permit for a wireless communication facility will be compatible with the surrounding neighborhood because the facility has been designed to resemble a eucalyptus tree and will be located in an area of mature trees including similar-sized eucalyptus trees. The associated equipment will be enclosed within an 8-foot high block wall enclosure painted to match the existing wall. Additional conditions have been applied to further reduce potential impacts to the immediate area. 17

20 CONDITIONS OF APPROVAL EXHIBIT B Planning Division Conditions 1. All construction and operations shall comply with all applicable requirements of the Escondido Zoning Code and requirements of the City. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City requirements in effect at the time of Building Permit issuance unless specifically waived herein. 2. Operator shall be required to pay all development fees of the City then in affect at the time and in such amounts as may prevail when (if) building permits are issued, including any applicable City Wide Facilities. 3. All uses and design of the project shall strictly conform to the exhibits and references in the staff report as of the date of approval, to the satisfaction of the Planning Division. 4. Any proposed construction shall comply with all applicable requirements of the Escondido Zoning Code and requirements of the Planning Division, Building Division, Fire Department and Engineering Division. 5. The legal description attached to the application has been provided by the applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description. 6. All exterior lighting shall conform to the requirements of Article 35, Outdoor Lighting. 7. All new utility service shall be underground or kept within the structure. 8. The height of the antennas structure shall be limited to a maximum of 55 feet with the overall height of the tree being 60 feet high. Colors, materials and design of the project shall conform to the exhibits and references in the staff report to the satisfaction of the Planning Division. 9. The proposed equipment enclosure 10 x 15 x 8 high shall be of decorative material and shown on the building plans to the satisfaction of the Planning Division. 10. Socks (with an appropriate leaf density) shall be installed over and around the antennas. The antennas and associated equipment, brackets, mounting array, etc. shall be painted to match the tree and branches and noted on the building plans to the satisfaction of the Planning Division. 11. The existing wall on site shall be re-painted/textured and noted on the building plans to the satisfaction of the Planning Division. 12. Additional trees shall be planted within the existing landscape area adjacent to the proposed fauxeucalyptus tree and shown on the building plans to the satisfaction of the Planning Division. 13. Vines or other landscaping material shall be installed in front of the proposed block wall enclosure facing Escondido Boulevard and the commercial center parking lot and shown on the building plans to the satisfaction of the Planning Division. 14. Any proposed private security gates shall provide rapid reliable access by means of a key box to provide immediate access for firefighting purposes, as may be required by the Fire Department. 18

21 15. The trunk and branches of the faux-eucalyptus tree shall be textured and finished to appear as natural tree bark and noted on the building plans to the satisfaction of the Planning Division. 16. The radio units shall be painted to match the tree and noted on the plans to the satisfaction of the Planning Division. 17. The GPS antenna units shall be painted to match the building or wall, which shall be noted on the building plans to the satisfaction of the Planning Division. 18. Any support poles, brackets, cable runs and other support equipment shall be painted to match/blend with the varying colors and textures of the tree, and/or equipment enclosure. This shall be clearly noted on the building plans to the satisfaction of the Planning Division. 19. An appropriate number of branches shall be incorporated into the faux-eucalyptus tree to create a natural shape and to appropriately screen the antenna panels. This shall clearly be indicated on the building plans and a sample (should be a photo of another faux eucalyptus tree with the same number of antennas and RRUs as proposed) of a similar tree (with 9 antenna panels) shall be submitted with the building plans for approval. 20. The cable bridge from the equipment building to the tree shall be undergrounded and shown on the building plans. Any visible portions shall be painted to blend in with the surrounding area/buildings and noted on the building plans. 21. This project shall conform to the Public Art Partnership Program, Article 37 of the Escondido Zoning Code. 22. No utilities shall be released for any purpose or Certificate of Occupancy issued until all requirements of the Planning, Engineering, and Building Divisions have been completed. 23. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these project conditions. 24. An inspection by the Planning Division will be required prior to operation of the project. Everything should be installed prior to calling for an inspection, although preliminary inspections may be requested. Contact the project planner at (760) to arrange a final inspection. 25. T-Mobile, or any subsequent operator/leaseholder, hereby agrees to investigate complaints related to possible interference with electronic equipment in the surrounding area, to determine the cause of the interference. If the T-Mobile facility is determined to be the cause of the electronic interference, T- Mobile shall solve the problem in a timely manner to the satisfaction of the complainant and the Director of Community Development. Any interference with Fire Department or public safety communications shall be corrected immediately by T-Mobile to the satisfaction of the City of Escondido. 26. T-Mobile shall coordinate with the City of Escondido to select a qualified, independent, third party to conduct actual power density measurements of the facility within ninety (90) days of installation and full operation. The results of the study shall be submitted to the Director of Community Development so that the theoretical power density study can be compared to the actual output and ensure compliance with FCC requirements. 27. T-Mobile, or a future leaseholder, shall be responsible for all ongoing maintenance of the facility, including the antennas, associated equipment and live trees, to ensure that the condition of the facility does not appear weathered. 19

22 28. T-Mobile, or any subsequent operator/lease holder of the facilities shall not oppose co-location of the facility by other wireless carriers (subject to City of Escondido approval) if it can be proven that the additional carrier would not adversely affect the operation and function of T-Mobile antennas. 29. All proposed signage associated with the project shall comply with the City of Escondido Sign Ordinance (Ord 92-47) and to the satisfaction of the Planning Division. Appropriate signs providing notice, caution or warning, and other necessary markings shall be placed at the main access point(s) and other locations, as may be required, in order to alert the general public, maintenance or other workers approaching the antennas to the presence of RF transmissions and to take precautions to avoid exposures in excess of FCC limits. The requirement for the appropriate signage/notice shall be indicated on the building plans. 30. No additional antennas or expansion of this facility shall be permitted without a modification of the Conditional Use Permit and a public hearing before the Zoning Administrator, or as allowed by relevant State or Federal law. T-Mobile shall not oppose co-location on the pole for another wireless carrier (subject to the City of Escondido approval) if it can be proven that the additional carrier would not adversely affect the operation and function of T-Mobile Wireless Service antennas. Minor changes within the approved size and design parameters may be permitted by the Director of Community Development and the Building Division. 31. This CUP shall become null and void unless utilized within twelve (12) months of the effective date of approval. 32. This item may be referred to the Zoning Administrator for review and possible revocation or modification of the Conditional Use Permit at a noticed public hearing upon receipt of nuisance complaints and/or non-compliance with the conditions of approval. 20

23 Agenda Item No.: B.2 Date: ZONING ADMINISTRATOR CASE NUMBER: PHG , PHG , PHG , PHG , PHG , PHG PHG , PHG and PHG APPLICANT: PROJECT LOCATION: REQUEST: Timothy J. Groves, Black and Veatch (AT&T carrier) Nine (9) locations generally located along Avocado Avenue, North Broadway, West El Norte and East Mission Avenue all within the public right of-way. A Minor Conditional Use Permit to install and operate nine (9) AT&T small cell wireless communication facilities in the public right-of-way, consisting of replacing an existing City light pole with a new approximately 30.5 feet tall street light and mounting one canister type antenna (24-inches tall x 10-inches in diameter) on top of the light pole, and 13.4-inch wide x 16.5-inch long radio units mounted vertically onto the side of the street light. Trenching and or boring is required to extend power and telco underground to the new facilities. Additional associated equipment is proposed to be placed in a small new underground concrete vaults (hand hole). The existing light fixtures would be upgraded to LED. The proposal also included the adoption of the environmental determination proposed for the project. STAFF RECOMMENDATION: GENERAL PLAN DESIGNATION: ZONING: Approve, subject to conditions N/A, Public Right-of Way Varies per adjacent site (street right-of-way) BACKGROUND/PROJECT DESCRIPTION: AT&T Wireless Services proposes to install nine (9) small cell wireless communication facilities in the public right-of-way. Eight (8) of the nine (9) wireless facilities will be located within either single-family or multi-family residential zones, and the ninth facility will be located within a Commercial zone (CG). Each AT&T facility will consist of replacing an existing City light pole with a new 30.5 feet tall street light and mounting one (1) canister type antenna (24- inches tall x 10-inches in diameter) on top of the light pole either two (2) or four (4), 13.4-inch wide x 16.5-inch long radio units mounted vertically onto the side of the proposed street light. The facility would utilize a stealth design that would minimize direct views of the facility by disguising it as a street light. The street light will still function and operate as a standard City street light, with new LED fixture. Additional associated equipment is to be placed in a small new underground concrete vaults (hand hole) that will not be visible from the public view. SDG&E will bring power to a hand-hole near the pole and conduit from the hand-hole to the pole.

24 PHG PHG On December 13, 2018, the Staff Design Review Board reviewed the proposal and recommended approval of the project with the condition the wiring/conduit for the radio-units be concealed with additional shrouds ( chin-straps ) and painted to match the street light. A Minor Conditional Use Permit and public noticed is required to construct nine (9) small cell wireless telecommunication facilities in the city s right-of -way, in accordance with Article 34, Communication Antennas, Section (k), because AT&T s pole mounted equipment exceeds the City s general design requirements that limits the dimension of attached equipment to maximum of twelve (12) inches in width and twelve (12) in depth. AT&T proposed either two or four radio units mounted vertically to the pole with a dimension of 13.4-inch wide x 16.5inch long. A minor Conditional Use Permit also is required if a small cell wireless facility is either located along a non-circulation element street and/or along the front yard of a single-family residences. Eight (8) of the nine (9) sites is either located along a non-circulation element street or along the front of a single-family residence. The proposed small cell wireless antennas will provide AT&T wireless voice and data coverage to the surrounding area where there is currently a need for additional service coverage. These wireless services include mobile telephone, wireless broadband, emergency 911, data transfers, electronic mail, Internet, web browsing, wireless applications, wireless mapping and video streaming. The proposed wireless node(s) also will provide coverage to areas of Escondido that are otherwise very difficult or impossible to cover using traditional macro wireless telecommunications facilities. Conditions of approval have been added to this project to minimize the visual impacts to the public and adjacent residences. The Zoning Administrator is the authorized decision-maker for reviewing and granting discretionary approvals related to Conditional Use Permits. It is important to note that this staff report has grouped together the nine (9) applications for sake of exposition. Exhibits attached hereto are to be incorporated by reference to each case file and appended to each record of action to establish site improvement specifications and conditions and other requirements for the new wireless communication facility installations. REASON FOR STAFF RECOMMENDATION: 1. The proposed small cell wireless facilities would be located within the city s right-of-way, which permits wireless communication facilities subject to approval of a Minor Conditional Use Permit. The proposed facilities would enhance communication services in the city in areas where there currently is a need for additional service coverage or capacity. Although the replacement street lights and antenna(s), would be 30-feet high, the proposed facility would not be out of character with the area because the facility would still resemble and function as a street light. The proposed wireless equipment has been integrated into the design of the light pole such that the average, untrained observer generally cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. The Associated equipment is proposed to be placed in a small new underground concrete vault (hand hole). 2. Staff believes that each of the nine (9) facilities would not be hazardous to the health of nearby residents based on the results of an RF study (Radio Frequency), prepared by OSC Engineering Inc., on October 4, The study indicates the facility would be within the maximum permissible exposure (MPE) limits and Federal Communication Commission (FCC) standards. Respectfully submitted, Darren Parker Darren Parker Associate Planner 2

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34 PHG PHG FINDINGS OF FACT AT&T Small Cell Nodes EXHIBIT A Environmental Determination: 1. The proposed project is categorically exempt from environmental review in conformance with CEQA Section 15303, New Construction of Small Structures. Conditional Use Permit: 1. All decisions granting or denying Conditional Use Permits shall be made in accordance with Section of the Escondido Zoning Code (Findings for Conditional Use Permits). The new construction of (9) small cell wireless communication facilities has been reviewed and the Zoning Administrator concludes and finds, based on the analysis of the project described therein the Zoning Administrator Staff Report, that: a. Granting the proposed Minor Conditional Use Permit to allow the construction of nine (9) small cell wireless communication facilities would be based upon sound principles of land use and in response to services required by the community because the placement of the nine wireless small cell antennas structures will enhance wireless service where there currently is a need for additional services coverage or capacity. In addition, each facility is relatively small and will not result in a substantial alteration of the present land use. Conditions of Approval have been incorporated to minimize any potential land-use compatibility. b. Granting the proposed Minor Conditional Use Permit for the construction of nine (9) small cell wireless communication sites will not cause deterioration of bordering land uses or create special problems for the area in which it is located because the facilities will be appropriately integrated into a replacement pole that will continue to function as a city street light. Additionally, RF emission generated from each site will be below the FCC accepted safety standards. c. The proposed Minor Conditional Use Permit for nine (9) wireless communication facilities will be compatible with the surrounding neighborhoods because the facilities have been designed to resemble a street light and will be located in an area where an existing street light currently exist, that will be removed. Associated equipment is to be placed in small new underground concrete vaults (hand hole). Additional conditions have been applied to reduce potential impacts to the immediate area. d. The applicant, AT&T has analyzed and demonstrated that the site is necessary to close a significant gap in service to the community. Although the signal propagated from a node antenna spans over a shorter range than a conventional tower system, small cell nodes can be an effective too to close service e coverage gaps. e. The proposed location for nine (9) small cell wireless communication facilities conforms to the requirements of Article 34, Communication Antennas, Section (k), because a minor Conditional Use Permit is required if a small cell wireless facility is either located along a noncirculation element street and/or along the front yard of a single-family residences. Eight of the nine sites is either located along a non-circulation element street or along the front of a single-family residence. 12

35 PHG PHG f. That the design of the nine (9) small cell wireless communication facilities conforms to the requirements of Article 34, Communication Antennas, Section (k), and any adopted guidelines to the maximum extent possible. g. The applicant, AT&T, has demonstrated in good-faith effort to identify and evaluate more preferred locations and that alternative locations are not feasible or potentially available. AT&T considered sites on other poles in the area but none of these sites is a desirable from construction, coverage or aesthetics perspectives. The proposed location was chosen based on design criteria for locating on city-owned light poles and the coverage needs for the area. 13

36 PHG PHG CONDITIONS OF APPROVAL AT&T Small Cell Nodes EXHIBIT B Planning Division Conditions 1. All construction and operations shall comply with all applicable requirements of the Escondido Zoning Code and requirements of the City. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City requirements in effect at the time of Building Permit issuance unless specifically waived herein. 2. Operator shall be required to pay all development fees of the City then in affect at the time and in such amounts as may prevail when (if) building permits are issued, including any applicable City Wide Facilities. 3. All uses and design of the project shall strictly conform to the exhibits and references in the staff report as of the date of approval, to the satisfaction of the Planning Division. 4. Any proposed construction shall comply with all applicable requirements of the Escondido Zoning Code and requirements of the Planning Division, Building Division, Fire Department and Engineering Division. 5. The legal description attached to the application has been provided by the applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description. 6. All exterior lighting shall conform to the requirements of Article 35, Outdoor Lighting. 7. All new utility service shall be underground or kept within the structure. 8. The nine (9) AT&T small cell wireless communication facilities shall be subject to the terms of the Telecommunication Network License and Encroachment Agreement with the City of Escondido, dated November 11, The height of the antenna structure (street lights) shall be limited to a maximum height of 35-feet. 10. The existing light fixtures will be upgraded to LED and noted on the building plans. 11. Colors, materials and design of the project shall conform to the exhibits and references in the staff report to the satisfaction of the Planning Division. 12. The radio units shall be flush mounted to the street light and noted on the building plans. 13. The radio units shall be painted to match the street light pole and noted on the plans to the satisfaction of the Planning Division. 14. The GPS antenna units shall be painted to match the building or wall, which shall be noted on the building plans to the satisfaction of the Planning Division. 15. Any support poles, brackets, cable runs and other support equipment shall be painted to match/blend with the varying colors and textures of the tree, and/or equipment enclosure. This shall be clearly noted on the building plans to the satisfaction of the Planning Division. 14

37 PHG PHG This project shall conform to the Public Art Partnership Program, Article 37 of the Escondido Zoning Code. 17. No utilities shall be released for any purpose or Certificate of Occupancy issued until all requirements of the Planning, Engineering, and Building Divisions have been completed. 18. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these project conditions. 19. An inspection by the Planning Division will be required prior to operation of the project. Everything should be installed prior to calling for an inspection, although preliminary inspections may be requested. Contact the project planner at (760) to arrange a final inspection. 20. AT&T, or any subsequent operator/leaseholder, hereby agrees to investigate complaints related to possible interference with electronic equipment in the surrounding area, to determine the cause of the interference. If the AT&T facility is determined to be the cause of the electronic interference, AT&T shall solve the problem in a timely manner to the satisfaction of the complainant and the Director of Community Development. Any interference with Fire Department or public safety communications shall be corrected immediately by AT&T to the satisfaction of the City of Escondido. 21. AT&T shall coordinate with the City of Escondido to select a qualified, independent, third party to conduct actual power density measurements of the facility within ninety (90) days of installation and full operation. The results of the study shall be submitted to the Director of Community Development so that the theoretical power density study can be compared to the actual output and ensure compliance with FCC requirements. 22. AT&T, or a future leaseholder, shall be responsible for all ongoing maintenance of the facility, including the antennas, associated equipment and live trees, to ensure that the condition of the facility does not appear weathered. 23. AT&T, or any subsequent operator/lease holder of the facilities shall not oppose co-location of the facility by other wireless carriers (subject to City of Escondido approval) if it can be proven that the additional carrier would not adversely affect the operation and function of AT&T antennas. 24. All proposed signage associated with the project shall comply with the City of Escondido Sign Ordinance (Ord 92-47) and to the satisfaction of the Planning Division. Appropriate signs providing notice, caution or warning, and other necessary markings shall be placed at the main access point(s) and other locations, as may be required, in order to alert the general public, maintenance or other workers approaching the antennas to the presence of RF transmissions and to take precautions to avoid exposures in excess of FCC limits. The requirement for the appropriate signage/notice shall be indicated on the building plans. 25. No additional antennas or expansion of this facility shall be permitted without a modification of the Conditional Use Permit and a public hearing before the Zoning Administrator, or as allowed by the relevant State or Federal law. Minor changes within the approved size and design parameters may be permitted by the Director of Community Development and the Building Division. 26. These nine (9) CUPs shall become null and void unless utilized within twelve (12) months of the effective date of approval. 27. This item may be referred to the Zoning Administrator for review and possible revocation or modification of the Conditional Use Permit at a noticed public hearing upon receipt of nuisance complaints and/or non-compliance with the conditions of approval. 15

38 PHG PHG The applicant shall submit the necessary application, fees and plans to obtain an Encroachment Permit at least 10 days before the relevant shot clock timeline for these applicants ends, or the Minor Conditional Use Permit is void, unless the Applicant agrees to and signs a tolling agreement. Engineering Division Conditions 1. All trenching/conduit installations greater than fifty-feet shall be by separate permit and approval. 2. A small cell wireless facility agreement, where applicable, shall be approved by the City Attorney prior to approval and construction of any small cell facility. 3. The applicant engineer shall prepare a small cell wireless facility plan. The facility plans shall include structural calculations (stamped by a licensed Engineer in the State of California) for facilities mounted to City street light poles and other public infrastructure, front and side elevations sections and attachment details, and detailed site plan showing all existing and proposed facilities. 4. All existing and new street light poles shall be retrofitted or include a new LED lamp fixture in accordance with the City of Escondido Design Standards and Standard Drawing E-1-E. 5. All existing City street light poles to be removed shall be carefully salvaged to the Public Works Yard. The pole foundation shall be removed to a minimum depth of two (2) feet below finish grade. 6. All street light conduit and wiring splicing shall be reconnected in accordance with the City s Standard Drawings and to the satisfaction of the Public Works Director. 7. Company installed street light poles shall have a separate SDG&E power source directly connecting to the small cell facilities, unless prior agreements have been made otherwise. Wireless company shall be responsible for all maintenance and repair cost of the poles, and light fixtures as per the executed agreement 8. An encroachment permit shall be obtained for all work within the public right-of-way, City utility easement, and/or City property. 9. The applicant will be required to provide a detailed detour and traffic control plan, for all construction within the right-of-way, to the satisfaction of the Traffic Engineer and the Field Engineer. This plan shall be approved prior the issuance of an Encroachment Permit for construction within the public right-of-way. An engineered improvement plan is required for all small cell facilities. All wet and dry utilities shall be shown on an improvement Plan, and any utility crossing conflicts shall be pot-hole prior to the plan submittal acceptance. Per the agreement, the applicant shall pay all fees and post security for these improvements and an improvement plan shall be approved by the City of Escondido prior to issuance of an encroachment permits. All required improvements shall be constructed prior to final acceptance of subject construction by the City. DIRECTIONAL BORE AND CONDUIT TRENCHING 1. Engineering improvement plans shall be prepared for all bore and trenching/conduit installations. Conduit improvement plans shall be prepared by a licensed Engineer in the State of California and submitted for Engineering review and approval. 16

39 PHG PHG All bore pit and trench conduit installations and related work shall be constructed in accordance with the design standards and standard drawings, and the requirements of the City Engineer. 3. Where applicable, an encroachment permit shall be obtained from CALTRANS and from San Diego County Water Authority for work within their right-of-way and/or easement. Clearance from Rincon, Vallecitos, and/or Valley Center Water District shall be obtained for any conduit work within their service area and waterline facilities. It will be the applicant s responsibility to notify and/or make all arrangements with other agencies or Water Districts as may be necessary for approval. 4. All trench conduit installations shall conform with City of Escondido Standard Drawing M-3-E Fiber Optics Conduit Zone, and backfilled per G-2-E. 5. All jack and directional bore conduit installations shall be three (3) feet below any existing and/or future utility and storm drain conduits in accordance with Standard Drawing No. M-3-E. 6. Any work performed in a public street moratorium area, including trench and bore pits, shall be required to resurface the roadway in accordance with the City s Municipal Code. A note to this requirement shall be included on all plan sets. All other surface treatment shall be per Standard Drawing G-2-E. 7. All new connector pull boxes shall be installed at the ultimate right-of-way and typically behind back of sidewalk, and to the satisfaction of the City Engineer. 8. The applicant shall be responsible to repair or replace any driveway approach, curb and gutter, sidewalk, or other damages as a result of construction activities for this subject project. All curb, gutter, sidewalk and driveway repairs and replacements shall be in accordance with Standard Drawing G-6- E. 9. The applicant and/or contractor will be responsible to implement Best Management Practices (BMPs) to prevent storm water pollution in accordance with the approved Erosion Control Plan, CASQA guidelines and City of Escondido Municipal Code during all phases of project construction to the satisfaction of the City Engineer. 10. Erosion and sediment controls, or other storm water pollution control measures, shall be provided to control sediment and silt from construction work areas. The applicant and contractor shall be responsible for maintaining all erosion and sediment controls throughout the construction work. 11. The applicant will be required to provide a detailed detour and traffic control plan, for all construction within the right-of-way, to the satisfaction of the Traffic Engineer and the Field Engineer. This plan shall be approved prior the issuance of an Encroachment Permit for construction within the public right-of-way. An engineered improvement plan is required for all directional bore and trench conduit improvements in the public right-of-way. The applicant shall post security for these improvements and an improvement plan shall be approved by the City of Escondido prior to approval of any encroachment permits. All required improvements shall be constructed prior to final acceptance of subject construction by the City. 17